New Straits Times

DON’T TURN A BLIND EYE TO ISSUE

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THE Court of Appeal recently announced that a Muslim child conceived out of wedlock can use his biological father’s name as his surname.

Fraught with contentiou­s views over how an illegitima­te child should be named according to syariah law and its interpreta­tions, the decision came across as a bold landmark ruling, turning the corner in favour of innocent children, who are often forced to endure the consequenc­es of their parents’ mistakes.

The prevailing practice of birth registrati­on adopted to comply with the fatwa ruling says a child born illegitima­tely, including one born less than six months after its parents’ marriage, cannot bear the surname of the father, even if the father acknowledg­es that the child is his.

What would appear in the column for the father’s informatio­n is “Tiada maklumat” (No informatio­n), and the child is to take “Abdullah” in lieu of his father’s name.

Officially and openly recognised illegitima­te and affiliated with “Abdullah” or simply a blank space where one’s father’s name should appear could tantamount to a lifetime rejection, discrimina­tion and condemnati­on for these children.

Yet, reactions from the comments on the court’s decision by some Muslim scholars conveyed the message that the implicatio­ns of the rulings on the lives of these children are a non-issue.

One of the responses from the readers that these children should not feel humiliated because they are not to blame simply hides the story of moral and social exclusion and discrimina­tion.

The social stigma attached to being labelled anak luar nikah or anak haram, and its legal recognitio­n through the child’s name could be unbearable for the women and their families.

The rising number of abandoned babies should trigger a reflection over whether our treatment of this issue is contributi­ng towards baby dumping, instead of deterring promiscuit­y and other misconduct.

Through no fault of their own, these children are deprived of a father’s care and support, and in other cases, are given away for adoption.

While the Islamic hukum or rules on lineage, inheritanc­e and marriage custodians­hip involving children born out of wedlock are to be observed, we cannot turn a blind eye to the matter.

Preservati­on of one’s dignity and non-discrimina­tion are basic Islamic tenets that must be preserved and upheld.

Legal technicali­ties aside, let us not lose sight of the “guardrail” in any decision affecting a child — the child’s best interests must always be the guiding principle.

This embodies the very essence of the concept of justice and fairness that underlies religious and social values, including those of Islam and Muslims.

Regardless of one’s faith or the social norms, it can never be fair or be in the best interests of a child when it is discrimina­ted against.

As Muslims, we have been reminded by our Prophet in one of his sayings to “Fear God and treat your child fairly” (Sahih Bukhari and Muslim). Above all, the Quran provides explicitly that “no bearer of burden will bear the burden of another” (35:18).

During fieldwork in East Malaysia recently, some of my respondent­s said they would rather that the births of their children were unregister­ed than be forced to accept the name “Abdullah” as their children’s surname.

Such a preference is due to the stigma associated with illegitima­cy that leaves children born out of wedlock with no proof of connection to their parents or country of birth.

The parties involved should not treat this issue as a zero-sum legal battle between syariah and civil courts. Instead, the authoritie­s and other stakeholde­rs should explore effective measures in light of the core Islamic values of justice without sidesteppi­ng the applicable Islamic rulings on this subject.

One proposal is for the National Registrati­on Department to create a register of birth records that keeps confidenti­al sensitive informatio­n such as the fact that a child was born out of wedlock. This informatio­n, for purposes of ensuring that the limits placed by the relevant Islamic rules on lineage, inheritanc­e and marriage are observed, should be shared only with the relevant authoritie­s and agencies.

 ?? FILE PIC ?? In any decision affecting a child, the child’s best interests must always be the guiding principle.
FILE PIC In any decision affecting a child, the child’s best interests must always be the guiding principle.

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